Cobalt wrote:
There are many instances where national regulators flout the law. Unfortunately, there is no realistic way to fight this in a court of law.
Not as a matter of principle, but if you got busted then you could appeal to the EU level.
I would be surprised if the DGAC tried to get back at you by obviously unlawful means if you did that, as Peter suggests. That would be extremely unlikely in Sweden. But I guess it depends on the philosophies of government which are certainly quite different in different countries even in Europe.
Aviathor wrote:
That did not make boscomantico’s reply less true
I wasn’t even trying to imply that.
PS:
Airborne_Again wrote:
To my mind that is just FUD. It is clear from from the Guidance Material that the structures referred to are structures within the aeronautical system, which French national law is not.
I would call it airspace structures. Which all those listed certainly are. Again, do they seriously believe it or are they just grasping at straws trying to twist whatever they can to serve their purpose?
As I said, if you want to do something about it, you can try bringing it to EASA’s attention. The worst that can happen is that they’ll tell you it’s all right. But if we’re right, either DGAC yields (I don’t know how those compliance reviews go, but I wouldn’t expect EASA to have a direct authority and leverage to enforce something), or they’ll change the wording taking wind off their sails. Since it’s just a GM, they could do it quite quickly. With a regulation, they would probably wait to do it as part of a bigger amendment.
And another PS: One issue is that I have seen European court taking into account different translations of EU law. That’s a potential problem. It’s nice that you can put some faith into the version in your mother tongue, but it potentially creates a mess where you have to consider all the versions.
